Following a verdict in favor of plaintiff, a judgment notwithstanding the verdict and granting new trial was rendered in favor of defendants. fn. 1plaintiff appeals from the whole of the judgment and all parts thereof.

Facts:plaintiff and defendants entered into an oral contract consisting of two promises by defendants (1) to transfer title to certain real property to plaintiff and (2) to install offsite improvements adjacent to said property on or before July 15, 1957.

An escrow was opened. On March 15, 1957, it was closed, and the real property was deeded to plaintiff by defendants, defendants receiving from plaintiff through the escrow cash and notes in payment for the property. Defendants did not install the offsite improvements and complete them by July 15, 1957.

[4] Applying the foregoing rules to the facts of the present case, since the promise for the sale of the land had been fully performed and the other promise, to install offsite improvements, was not within the statute of frauds and was divisible from the promise for the sale of the land, the statute of frauds did not bar plaintiff's cause of action.

Second. Did the parol evidence rule preclude the receipt of extrinsic proof of an oral agreement to install offsite improvements adjacent to the real property sold by defendants to plaintiff?

[8] The record discloses that the only writings between the parties were the escrow instructions relative to the deeding of the real property to plaintiff. These writings were directed to the mechanics of exchanging the various deeds for the purchase price of the property.

Defendants contend that the parties met at the title company's office and drew up a formal proposal from which letters of escrow instructions were drafted, and that such letters constitute the integrated agreement of the parties.

These letters of instruction are separate documents, neither of which refers to the other, and they are inconsistent in some respects.

For instance, a promissory note given in partial payment for the property is listed in plaintiff's instructions as being in the sum of $12,500. According to the figures given in the instructions of defendant San Carlos Estates, it anticipated that this note would be in the amount of $12,150.

Further, defendant San Carlos Estates' instructions refer to "the sum of $54,050.00 covering improvement assessment against the property. ..."plaintiff's instructions do not refer to these assessments.

There is nothing in the letters that would suggest an intention by the parties to regard them as an integration. There is no suggestion of mutual assent to the separate and inconsistent letters as a final statement of the agreement. (See Rest., Contracts (1932) § 228, com. a, p. 308.)

Proof of the contract by parol was proper and was not excluded by the parol evidence rule.

In view of our conclusions, it is unnecessary to discuss other arguments presented by counsel.

The judgment notwithstanding the verdict and granting new trial is reversed, and the case is remanded to the trial court with directions to enter a judgment for plaintiff on the verdict.

FN 1. By said judgment the granting of a new trial was to be effective only in the manner set forth in section 629 of the Code of Civil Procedure where both a motion for judgment notwithstanding the verdict and a motion for a new trial have been granted.

FN 2. Section 1624, subd. 4, of the Civil Code reads in part: "The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: ... 4. An agreement ... for the sale of real property, or of an interest therein. ..."